Read Ebook: Give Me Liberty: The Struggle for Self-Government in Virginia by Wertenbaker Thomas Jefferson

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ot be tried for want of judges to make up a bench exclusive of those who were akin to the defendant."

One wonders how long Governor Nott would have put up with this kind of thing had not death overtaken him. Despite his desire to work in harmony with the Council, there is evidence that he had no intention of letting them ride over him roughshod. This became evident when they tried to take the patronage out of his hands. "I do believe the Council have a mind to dispute with me the making of the collectors of the two shillings per hogshead," he wrote the Lords of Trade. "Their pretence is that it is said in my instructions I shall not make them but by advice of Council. Now they have a mind to turn several out and put in their own relatives. And that is not my turn of temper."

When he asked the advice of the Council before reappointing naval officers, they objected to Major Arthur Allen, Colonel Miles Gary, and Colonel William Wilson. But when nothing of consequence was brought against them, the Governor insisted on continuing them. At the same time he shook off responsibility by refusing to renew their commissions until he had instructions to do so from the Lord Treasurer.

Whatever resentment the Councillors bore him for this was forgotten when he championed their plea that they should not be forbidden to become naval officers. "I think this instruction very strange," he wrote the Lords of Trade. "To be deprived of those few places of profit ... brings the consequence that the good men are very indifferent to being one of the Council. I hope you are of opinion that this restriction may be taken off."

The Governor thought it his duty to defer to the Council in most of his appointments to lesser offices. "I have directed new commissioners of peace," he wrote the Lords of Trade, "and not knowing persons yet, I left the nomination of justices solely to the Council. I have continued the former escheators since there was no objection to them."

When Nott first took over the government, he found the colony divided against itself. The people as a whole were overjoyed to get rid of Nicholson, but a group made up no doubt of men who had received favors at his hands, resented his removal. When an election was held for a new Assembly, opposing candidates were put up by the pro-Nicholson and anti-Nicholson factions. Although the latter won an overwhelming victory, enough Nicholson men were returned to continue the old feuds and hatreds. Governor Nott made his opening address an appeal for peace. It was his earnest hope, he said, that all animosities be laid aside, and that the only contention be as to who should be most obedient to the Queen and most serviceable to the country.

Despite this plea the pro-Nicholson faction presented under the guise of a grievance a resolution which was in reality a reproof of the six members of the Council who had presented the charges against the Governor. No one should take upon himself to represent to the Queen the grievances of the colony without the consent of the House of Burgesses, it said. No thanks, but rather a check should be given to those that had done so against the late Governor. But they met with a severe rebuff. So far from approving, the House ordered the so-called grievance to "be burnt under the gallows by the sheriff of York County as a mutinous, seditious, and scandalous paper."

Though there is no evidence that Nott tried to render the Burgesses submissive to his will by bribing them with offices, the Assembly thought this a golden opportunity to weaken the Governor's appointive power. Some could recall Berkeley's Long Assembly, and all had been witnesses of the shameless way in which Nicholson had handed out jobs. So they passed a bill requiring each county court to nominate three men, all of them justices, from whom the Governor was to select one as sheriff, who was to serve not more than two years. Had not Nott been so anxious to avoid any conflict with the Assembly, he would certainly have vetoed this bill, for not only did it restrict his power of appointment, but it infringed upon the royal prerogative.

But he balked when the House sent up a bill to require the Governor, in appointing the justices of the peace, to secure the assent of the Council, or at least five of them. He thought they were going too far in this attempt to deprive the Governor of the patronage, leave him at the mercy of the Council and Assembly, and make him a mere figurehead. When the Lords of Trade heard that he had vetoed this bill, they wrote congratulating him. "The restraining Governors from making justices ... is entrenching on prerogative, and you may be assured it will not be approved here. In all other plantations the power of appointing and removing justices of the peace is solely in the Governor.... But it would be prudence in the Governor to advise for his better information."

When the Assembly met again, in April, 1706, they made a daring attempt to weaken the Governor's power by passing a substitute law for the famous Act of 1680 which gave a perpetual revenue to the Crown. The new bill bore the disarming title of "An Act for raising a public revenue for the better support of the government ... and for ascertaining the salary of the Council." Nott apparently saw nothing alarming in it, but Colonel Quary at once suspected that it was intended to weaken the Act of 1680, and perhaps set a precedent which would eventually give the House control of the revenue from the export duty on tobacco.

"These topping men" were merely waiting an opportunity to have the old law damned, he wrote the Lords of Trade. "Had the Assembly only designed to have augmented and added to the Queen's revenue, why could they not make an act of it without damning and destroying the former act? And that your Lordships may see the snake in the grass, please observe that the Assembly are pleased to appropriate the Queen's revenue as they think fit, a thing never pretended to before, and to limit and confine her Majesty from disposing of her own money.... Whereas in a former act the Queen was graciously pleased to appropriate ?370 to be divided among the Council for attendance, in this act they have ordered otherwise ... by which they have tied up the Queen's hands from giving any part of her bounty but according to their pleasure."

When this bill came before the Board of Trade they referred it to Attorney General Harcourt and Solicitor General Montague. Although these astute men, as we have seen, gave it as their opinion that the old act had been passed in a way "contrary to the present method," and should be superseded by a new one, the Board decided to let sleeping dogs lie. So they advised the Queen to veto the Act of 1716. "'Tis hoped it will never be revived by any Governor who has at heart the interests of the Crown, and wishes that people should distinguish between what they owe to the indulgence of the Sovereign and what they may claim as their right by the laws of Virginia," wrote Governor Spotswood several years later.

The climate of Virginia, which was fatal to so many newcomers from England, took a heavy toll of Governors. Lord De la Warr fell a victim to the Virginia sickness; Herbert Jeffreys died after having been in the colony only a few months. Now, on August 23, 1706, death ended the brief administration of Governor Nott. He was mourned by the people, and was buried in Bruton Parish churchyard with all the solemnity the colony was capable of. "Had it pleased God to have spared him but a little time longer amongst us, he would have healed all those unhappy differences that have of late made us uneasy, and united us again to be one people," wrote William Bassett.

When the Council met after Nott's death they opened his commission and listened intently as it was read. And there was great satisfaction when they found that in the event of a Governor's death the Council was to take on themselves the administration of the government. But they were far from happy that Colonel Edmund Jenings, as the senior Councillor, was to preside at their meetings with such powers as were necessary in "carrying on the public service." They insisted that the Attorney General of the colony, in drawing up the first proclamation under the new government, should issue it, not under the name of the President alone, but of the President and Council.

Jenings wrote to the Lords of Trade to ask just what his status should be. Their answer was decisive. The instruction that the Council should take over the government upon the death of a Governor had caused many controversies between the President and the Councillors and had greatly hindered public business. So they altered it to read: "The eldest Councillor do take upon him the administration of the government ... in the same manner ... as other our Governor should do."

Francis Nicholson had written the Lords of Trade some years previously expressing doubts as to the wisdom of making any member of the Council the chief executive. "There may happen great disputes about the person of the President and his powers. And may be when the President and the Council are all natives or else entirely settled here, nature and self-interest may sway them to do some things and pass some acts that may be for the good of their country and make and secure an interest with the people. This may be prejudicial to their Majesties' service." No doubt the Lords of Trade saw the force of this reasoning, but they were not prepared to keep a Lieutenant Governor in Virginia whose only function it would be to wait around ready to step in when the Governor died or was recalled.

Although the other members of the Council seem to have regarded Jenings with something like scorn, and one of them had spoken of him as "the right noble little Colonel Jenings," the man had had a distinguished career. He had been clerk of the York County court, collector of the York River district, commissioner for the College of William and Mary, member of the Council, Attorney General, and Secretary. And now, as President of the Council, he seems to have laid aside former animosities, and considered himself merely first among equals.

It was taken for granted that Jenings' administration would be brief, and that a new Governor would come over as soon as one could be appointed. Word had come that a commission had been drawn up for Colonel Robert Hunter, and that he had sailed from Portsmouth in June, 1707. But month after month passed and he failed to appear. As late as March, 1708, the Council was wondering what had become of him. At last they heard that the vessel in which he had shipped had been taken by the French, and that he was held captive in France. So they had to wait two more years before a Governor arrived.

This suited President Jenings and the Council, for it left them in undisputed control of the government. They even refused to hold an Assembly for fear it might question their proceedings. It is true that six times they set the date for a meeting of the Assembly, but six times they postponed it. At last, when people began to question whether these frequent postponements did not put an end to the Assembly, the Council settled all doubts by dissolving them by proclamation.

This was a dangerous thing to do, for it was in the midst of the War of the Spanish Succession, and an Assembly was needed to provide funds for the defense of the colony. But the Council gambled that no French fleet would appear in the Chesapeake Bay. The normal expenses of the government--their own salaries and those of the President, Auditor, Attorney General, and other officials--they paid out of the export duty on tobacco and the quit rent fund. In September, 1708, Jenings wrote that privateers had come in between the capes and had chased a merchant vessel up the York River, that the Indians were threatening the frontier, that the Governor's house was unfinished, and that the quit rent fund was "much drained," but that despite all, the Council would not call an Assembly.

In December, 1709, Lord George Hamilton, Earl of Orkney, was appointed Governor General of Virginia. Orkney had been trained as a soldier, and had distinguished himself at Namur, Blenheim, Malplaquet, and elsewhere. It is probable that it was intended from the first that the office should be a sinecure, and though Orkney held it for years he never set foot on Virginia soil. But Virginia had to pay his salary, for his ?1,000 a year was taken out of the export duty on tobacco. To carry on the administration in the colony Colonel Alexander Spotswood was made Lieutenant Governor.

It would seem that in the years from the recall of Nicholson to the arrival of Spotswood, the danger to liberty in Virginia came less from the Throne than from the Council. A free people could not be quiet under the rule of a body of twelve men, not chosen by the voters but appointed by the sovereign.

The average planter, not only the owner of only a few acres, but the man of means had reason to be alarmed. Was it consistent with the principles of English liberty, they must have asked, for a clique of wealthy men, many of them united in one family, to have such power over their lives and their property? If the people were to rule, final authority must be vested in the House of Burgesses, not the Council.

FOOTNOTES:

CO5-1315, Bassett to Perry & Co., Aug. 30, 1706.

CO5-1314, Doc. 63iv.

CO5-1318, Spotswood to Lords of Trade, March 20, 1718.

CO5-1340, Doc. 15.

CO5-1316, p. 450.

CO5-1362, March 26, 1707.

CO5-1315, Quary to Lordships, Sept. 1, 1706.

CO5-1317.

CO5-1315, Aug. 30, 1706.

CO5-1362, p. 121.

CO5-1314, Doc. 15.

CO5-1362, pp. 336-340.

CO5-1362, pp. 318, 325.

SPOTSWOOD

The new Lieutenant Governor was descended from a family of Scottish Anglicans. His great-grandfather had seconded Archbishop Laud's attempt to introduce the Prayer Book in Scotland; his grandfather had been put to death by the Presbyterians. Perhaps it was this tragedy which induced his father to desert his native land and take service in the English army. It was while he was with his regiment in Tangier that Alexander Spotswood was born.

The son chose to follow in the father's footsteps, and in 1693 we find him serving in the Earl of Bath's regiment in Flanders. He fought gallantly, was wounded at Blenheim, and was captured at Oudenarde. It is possible that he served under the Earl of Orkney, also, and that was the reason he named him as his deputy in Virginia. "I must ever own gratefully that to your Lordship's good will I owe my station here," he wrote Orkney in 1718.

Spotswood was one of the ablest Governors sent to America to represent the British Crown. He did much to open the West to Virginia, encouraged settlement in the Piedmont, and erected forts in the passes of the Blue Ridge. He wiped out a nest of pirates under the notorious Blackbeard and strung several of them up at Williamsburg. A man of artistic interests, he was responsible for the beautiful Palace gardens, with their wealth of boxwood, walks, walls, lake, ornate gates, flower beds; and designed charming Bruton Parish Church.

Although Spotswood was accused of being haughty and implacable, he lacked the fiery temper of Nicholson or the revengeful fury of Sir William Berkeley. In his conflicts with the Council his astute mind and his knowledge of English and Virginia constitutional law made it easy for him to refute their arguments. Though he defended the powers of the Crown, he was honestly concerned for the welfare of the colony. But he hated democracy, and he had no patience with what he termed the follies of the ignorant multitude. Despite his assaults on the Virginia aristocracy, his ambition was to become one of them, and he used his office to build up one of the greatest estates in the colony.

When this last instruction was read to the Council, they must have shifted uneasily in their seats, for most of them held land which they did not cultivate. Fourteen years earlier Edward Randolph had reported this to the Lords of Trade. The reason the colony was so thinly settled, he thought, was that poor men would not go there "because members of the Council and others who made an interest in the government, have from time to time procured grants of very large tracts of land." Thus newcomers and indentured workers on becoming free were forced to be tenants or go to the utmost bounds of the colony. The remedy, he suggested, was to force payment of arrears of quit rents and prohibit for the future grants of more than 500 acres.

Both Nott and Hunter had been instructed to cancel patents for land of any who neglected to cultivate even a small part of their holdings. So now Spotswood, in the face of bitter opposition, restricted all grants to 400 acres unless the patentee showed that he was able to meet this requirement. In 1710 he tried to satisfy the Lords of Trade by pushing through a law stating what should be considered satisfactory seating, and in 1713 another making the regulations still more specific.

The chief effect of these acts was to arouse the resentment of the Council. They assented to them in their capacity as the Upper House of the Assembly because they dared not flaunt openly the commands of the British government. But they found means to make them inoperative. The rumor was spread throughout the colony that the attorney general in England had ruled that no lands patented prior to the passage of these acts was liable to forfeiture. To ease men's fears, several large landholders purposely refused to pay quit rents. Even John Grymes, the deputy auditor into whose hands the quit rents were paid, himself remained in arrears "to show no danger in that law." Spotswood admitted that the law was a failure when he wrote in 1718: "No man in Virginia has yet had land granted away for non-payment of quit rents."

When Spotswood came to Virginia there were many complaints of hard times. The war in Europe had proved disastrous to the tobacco trade, the flow of hogsheads to the continent of Europe had been reduced to a trickle, tobacco piled up in the British warehouses, the merchants left a part of each crop on the planters' hands, and the price dropped lower and lower. Many of the poorer farmers were in rags, and some began to raise sheep and to spin and weave. The salaried class, especially the clergy, were in dire straits also, since they were paid in tobacco, often of the lowest grade.

The fertile brain of Spotswood now thought out a scheme intended to raise the price of tobacco, give the colony a convenient and stable currency, make the collecting of quit rents easier, and prevent frauds in shipping out tobacco. So he got one of his friends in the Assembly to introduce a bill to require inspection of all tobacco at government warehouses, and the issuing of tobacco notes which were to be legal tender. This plan had much to recommend it, and a similar one was put into successful operation later during the administration of Governor Gooch.

Despite violent opposition in certain quarters, the tobacco bill passed both Houses of Assembly and was signed by the Governor. So now there were sounds of hammering and sawing as warehouses arose on the great rivers. Soon the tobacco vessels were tying up at the adjacent wharves, and the planters were rolling their hogsheads for the inspection. After the agent had examined the leaf, he either rejected it as "trash" and unfit for exportation, or stamped on the hogshead the weight and variety of the tobacco, and gave the owner his certificate.

At first everything seemed to be going smoothly. The quit rents were collected in tobacco notes, the price of the leaf rose in the English market. The clergy wrote Spotswood thanking him for the increased value of their salaries. "Their livings, which by the badness of the pay were sunk to little or nothing, begin now to be much more valuable by your wise and just contrivance to keep up the credit of the public payments."

None the less, the law was unpopular. The debtor objected to paying in appreciated currency. It was a heavy expense for the planter to roll his hogsheads over the bad roads to the warehouses and then pay for inspection and storage. He was resentful if his tobacco was judged to be unfit for export. At the courthouses local politicians began to denounce the act to willing listeners. "He is the patriot who will not yield to whatever the government proposes," complained Spotswood. "Him they call a poor man's friend who always carries still-yards to weigh to the needy planter's advantage, and who never judges his tobacco to be trash."

Spotswood said that the tobacco act was looked upon to be the most extraordinary one that ever passed a Virginia Assembly. When he first outlined his plans for it his friends assured him it would be impossible to persuade the Assembly to pass it. Yet it was adopted unanimously by the Council, and passed in the House "with some address and great struggle."

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